This case was last updated from Los Angeles County Superior Courts on 08/06/2020 at 18:31:08 (UTC).

SIAKIMATIVA SIMETA VS ALBERTA DEVELOPMENT PARTNERS LLC ET AL

Case Summary

On 12/07/2016 SIAKIMATIVA SIMETA filed a Personal Injury - Motor Vehicle lawsuit against ALBERTA DEVELOPMENT PARTNERS LLC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARGARET MILLER BERNAL and MASTER CALENDAR. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3011

  • Filing Date:

    12/07/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARGARET MILLER BERNAL

MASTER CALENDAR

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

SIMETA SIAKIMATIVA

ALFREDO PEREZ

SIAKIMATIVA SIMETA

Defendants, Respondents and Cross Defendants

INDUSTRIAL REALTY GROUP LLC

PARKS LYLE

ALBERA DEVELOPMENT PARTNERS LLC

WESTERN RETAIL ADVISORS

DOES 1-50

CONSTRUCTORS COMMAND PERFORMANCE

LYLE PARKS JR. INC.

ALBERTA TIERRA LUNA MANAGEMENT LLC

IRG DOWNEY LLC

COMMAND PERFORMANCES CONSTRUCTORS DOE 1

SIMETA SIAKIMATIVA

ALFREDO PEREZ

SIAKIMATIVA SIMETA

LYLE PARKS JR. INC

COMMAND PERFORMANCE CONSTRUCTORS INC.

ROES 1 THROUGH 100

ROES 1 THROUGH 50

ROES 1-50

SECURITY PROTECTION SERVICES INC.

ALLIED WORLD SURPLUS LINES INSURANCE COMPANY

Defendants, Cross Plaintiffs and Cross Defendants

CONSTRUCTORS COMMAND PERFORMANCE

LYLE PARKS JR. INC.

COMMAND PERFORMANCE CONSTRUCTORS INC.

IRG DOWNEY LLC

ALLIED WORLD SURPLUS LINES INSURANCE COMPANY

26 More Parties Available

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SULLIVAN & SULLIVAN

FIORE MAURO JR. LAW OFFICES OF

EBENHACK DAVID JOHN

CONSEJO ALBERTO

PUCHE SERGIO JULIAN

Defendant and Cross Defendant Attorneys

MANNIN & KASS ELLROD RAMIREZ TRESTER LL

MAVREDAKIS CRANERT CRAWFORD

HARLAN ROBERT SCOTT

LYLE PARKS JR. CONSTRUCTION

MOKRI VANIS & JONES LLP

ESCHENBURG MATTHEW J. ESQ.

LAW OFFICES OF JOHN A. HAUSER

MANNING & KASS ELLROD RAMIREZ TRESTER

EVANS MORGAN RAYMOND

MANNING &KASS ELLROD RAMIREZ TRESTER LLP

BRADLEY & GMELICH

MAYERS DARREN GREGORY

Defendant and Cross Plaintiff Attorneys

MOKRI VANIS & JONES LLP

MANNING & KASS ELLROD RAMIREZ TRESTER

MANNING &KASS ELLROD RAMIREZ TRESTER LLP

PUCHE SERGIO JULIAN

CRAWFORD MAVREDAKIS CRANERT

ESCHENBURG MATTHEW

MCCLOSKEY HEATHER LYNN

7 More Attorneys Available

 

Court Documents

Case Management Statement

4/1/2020: Case Management Statement

Minute Order - MINUTE ORDER (COURT ORDER)

5/20/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Answer

7/6/2020: Answer

Case Management Statement

7/3/2018: Case Management Statement

Minute Order - MINUTE ORDER ENTERED: 2018-07-06 00:00:00

7/6/2018: Minute Order - MINUTE ORDER ENTERED: 2018-07-06 00:00:00

Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REPLY TO CROSS-COMPLAINANT, LYLE PARKS JR. CONSTRUCTION'S OPPOSITION TO DEMURRER TO THIRD AMENDED CROSS-COMPLAINT

9/10/2019: Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REPLY TO CROSS-COMPLAINANT, LYLE PARKS JR. CONSTRUCTION'S OPPOSITION TO DEMURRER TO THIRD AMENDED CROSS-COMPLAINT

Declaration - DECLARATION OF MATTHEW J. ESCHENBURG IN RESPONSE TO OSC RE: PLEADING/SERVICE/APPEARANCE STATUS AND TRIAL SETTING CONFERENCE

1/3/2020: Declaration - DECLARATION OF MATTHEW J. ESCHENBURG IN RESPONSE TO OSC RE: PLEADING/SERVICE/APPEARANCE STATUS AND TRIAL SETTING CONFERENCE

Summons on Cross Complaint -

2/20/2018: Summons on Cross Complaint -

Minute Order -

3/23/2018: Minute Order -

ORDER TRANSFERRING COMPLICATED PERSONAL INJURY PI CASE TO AN INDEPENDENT CALENDAR IC COURT

5/17/2018: ORDER TRANSFERRING COMPLICATED PERSONAL INJURY PI CASE TO AN INDEPENDENT CALENDAR IC COURT

Case Management Statement -

8/30/2018: Case Management Statement -

Stipulation and Order - Stipulation and Order for Leave to File Second Amended Cross-Complaint

1/25/2019: Stipulation and Order - Stipulation and Order for Leave to File Second Amended Cross-Complaint

Answer

1/28/2019: Answer

Reply - Reply to opposition to motion to compel supplemental responses to requests for production

3/6/2019: Reply - Reply to opposition to motion to compel supplemental responses to requests for production

Summons - SUMMONS ON COMPLAINT

3/13/2019: Summons - SUMMONS ON COMPLAINT

Order - ORDER RE: HEARING OF 3/19/19

3/19/2019: Order - ORDER RE: HEARING OF 3/19/19

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING ANSWER/RESPONSIVE PLEADING ...)

5/1/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING ANSWER/RESPONSIVE PLEADING ...)

LYLE PARKS JR., INC.'S ANSWER TO PLAINTIFFS' COMPLAINT

2/1/2017: LYLE PARKS JR., INC.'S ANSWER TO PLAINTIFFS' COMPLAINT

217 More Documents Available

 

Docket Entries

  • 10/07/2020
  • Hearing10/07/2020 at 10:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Order to Show Cause Re: regarding answer/responsive pleading to all the operative pleadings in both consolidated cases (BC643011 and BC677157)

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  • 10/07/2020
  • Hearing10/07/2020 at 10:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Trial Setting Conference

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  • 09/15/2020
  • Hearing09/15/2020 at 10:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel Motion to compel deposition of Security Protection Services PMK

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  • 09/15/2020
  • Hearing09/15/2020 at 10:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel Motion to compel deposition of Chief Robert Edwards

    Read MoreRead Less
  • 09/15/2020
  • Hearing09/15/2020 at 10:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel Motion to Compel Appearance at Deposition

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  • 09/15/2020
  • Hearing09/15/2020 at 10:30 AM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion to Compel Motion to Compel Appearance at Deposition

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  • 08/06/2020
  • DocketMinute Order ( (Hearing on Ex Parte Application Exparte Application To Move H...)); Filed by Clerk

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  • 08/04/2020
  • DocketProof of Service (not Summons and Complaint); Filed by TWIN CITY FIRE INSURANCE (Cross-Complainant)

    Read MoreRead Less
  • 08/04/2020
  • DocketEx Parte Application (INTERVENOR TWIN CITY FIRE INSURANCE COMPANY'S UNOPPOSED EX PARTE APPLICATION TO MOVE HEARING DATES ON MOTIONS TO COMPEL); Filed by TWIN CITY FIRE INSURANCE (Cross-Complainant)

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  • 07/22/2020
  • DocketNotice of Ruling; Filed by Alberta Tierra Luna Management, LLC Erroneously Sued As ALBERTA DEVELOPMENT PARTNERS, LLC (Defendant); IRG Downey, LLC (Doe 2) (Defendant); LYLE PARKS JR., INC. (Defendant) et al.

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478 More Docket Entries
  • 01/06/2017
  • DocketProof-Service/Summons; Filed by Siakimativa Simeta (Plaintiff)

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  • 01/06/2017
  • DocketPROOF OF SERVICE SUMMONS & COMPLAINT

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  • 01/06/2017
  • DocketProof of Service (AS TO LYLE PARKS JR., INC. ); Filed by Attorney for Plaintiff

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  • 12/07/2016
  • DocketComplaint; Filed by ALFREDO PEREZ (Plaintiff); Siakimativa Simeta (Plaintiff)

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  • 12/07/2016
  • DocketSUMMONS

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  • 12/07/2016
  • DocketPLAINTIFF'S COMPLAINT FOR DAMAGES COUNTS 1. NEGLIGENCE; 2. PREMISES LIABILITY;

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  • 12/07/2016
  • DocketComplaint Filed; Filed by Attorney for Plaintiff

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  • 12/07/2016
  • DocketComplaint; Filed by ALFREDO PEREZ (Plaintiff); Siakimativa Simeta (Plaintiff)

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  • 12/07/2016
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 12/07/2016
  • DocketSummons; Filed by Plaintiff

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Tentative Rulings

Case Number: BC643011    Hearing Date: August 06, 2020    Dept: G

SIAKIMATIVE SIMETA VS ALBERTA DEVELOPMENT PARTNERS, LLC

BC643011

EX PARTE HEARING: AUGUST 6, 2020 DEPT. G

TENTATIVE RULING

Grant.

All hearings are consolidated and set for September 15, 2020 at 10:30 a.m., in Dept. C

Case Number: BC643011    Hearing Date: February 25, 2020    Dept: SEC

SIMETA v. ALBERTA DEVELOPMENT PARTNERS LLC, et al.

CASE NO.: BC643011

HEARING: 2/25/20

JUDGE: OLIVIA ROSALES

#4

TENTATIVE ORDER

Defendant Lyle Parks Jr. Construction, Inc.’s motion for an order requiring undertaking to secure an award of costs and fees under CCP 1030 is DENIED.

Plaintiff to give NOTICE.

Defendant Lyle Parks Jr. Construction, Inc. moves for an undertaking pursuant to CCP § 1030.

(a) (b) The motion shall be made on the grounds that the plaintiff resides out of the state or is a foreign corporation and that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding. The motion shall be accompanied by an affidavit in support of the grounds for the motion and by a memorandum of points and authorities. The affidavit shall set forth the nature and amount of the costs and attorney's fees the defendant has incurred and expects to incur by the conclusion of the action or special proceeding. (CCP § 1030(a) and (b).)

Plaintiff presently “resides in the Independent State of Samoa.” (Motion, Ex. J, Plaintiff’s Objection to the Notice of Deposition served on 3/1/19.) Plaintiff does not dispute this fact in opposition.

When an employee of an independent contractor is injured in the workplace, the injured employee generally cannot sue the party that hired the contractor to do the work. (Privette v. Superior Court (1995) 5 Cal.4th 689, 695.) A hirer “delegate[s] responsibility for performing the task safely, and assignment of liability to the contractor follow[s] that delegation.” (Seabright Ins. v. U.S. Airways Inc. (2011) 52 Cal.4th 590, 600.)

An exception to the Privette general rule of nonliability provides that a hirer of an independent contractor may be liable if the hirer retained control over safety conditions and the exercise of retained control affirmatively contributed to the employee’s injuries. (Hooker v. Department of Transportation (2002) 27 Cal.4th 198, 202.) Because the liability of the contractor, the person primarily responsible for the worker's on-the-job injuries, is limited to providing workers' compensation coverage, it is unfair to impose tort liability on the hirer of the contractor merely because the hirer retained the ability to exercise control over safety at the worksite. The imposition of tort liability on a hirer should depend on whether the hirer exercised the control that was retained in a manner that affirmatively contributed to the injury of the contractor's employee. (Hooker, supra, 27 Cal.4th at 210.) Another narrow exception to Privette's general rule of nonliability is that a hirer can be liable to an employee of an independent contractor insofar as the hirer's provision of unsafe equipment affirmatively contributes to the employee's injury. (McKown v. Wal-Mart Stores, Inc. (2002) 27 Cal.4th 219, 225.)

Defendant contends that there is a reasonable possibility that Defendant will obtain a judgment. In support of this contention, Defendant submits the following evidence:

· Defendant hired Security Protection Services, Inc. (“SPS”) as an independent subcontractor to perform security services at the construction site. (Mahlstead Decl., ¶ 3.)

· Pursuant to the contract, SPS’s scope of work did not include the use of patrol cars, but instead was specifically restricted to foot (walking) patrol. (Id.; Motion, Ex. I, 5/9/18 letter.)

· Defendant hired Command Performance Constructors, Inc. (“CPC”), who was the subcontractor who installed the light pole base that Plaintiff collided with. (Id.)

· Plaintiff was employed by SPS when he was injured while driving his vehicle during his patrol and collided with a light pole base. (Ex. D, Plaintiff’s response to Special Interrogatory No. 1; Complaint, ¶ 11.)

· Defendant did not design, construct or install or otherwise work on the light pole base that Plaintiff ran into and had no responsibility for the safety of the subcontractors, which instead were delegated to the subcontractors. (Mahlstead Decl., ¶ 5.)

· Defendant did not provide any instruction or direct oversight over the means and methods by which Plaintiff was to perform his work. Instead, all of these decisions regarding instructions or direct oversight over the means and methods of providing work were left solely to SPS, CPC and/or Plaintiff. (Id. at ¶ 6.)

· Defendant did not supervise, instruct or otherwise advise any of the subcontractors or their employees on the means and methods of performing their work. Instead, all of these decisions regarding the means and methods of performing their work were left solely to the subcontractors themselves. (Id. at ¶ 7.)

· Defendant did not provide any supplies or equipment to any subcontractors. Instead, all of these decisions regarding providing supplies or equipment were left solely to the subcontractors themselves. (Id. at ¶ 8.)

· Defendant did not retain any control on how any of the subcontractors performed their work at the Subject Project. Instead, all of these decisions regarding how the subcontractors performed their work were left solely to the subcontractors themselves. (Id. at ¶ 9.)

· Defendant did not provide any safety instructions to any of the subcontractors. Instead, all of the decisions regarding the providing of safety for their employees were left solely to the subcontractors themselves. (Id. at ¶ 10.)

· Prior to the accident, no one had advised Defendant that a dangerous condition existed, including the concrete light pole base that Plaintiff collided into. (Id. at ¶ 11.)

· Defendant was unaware of any concealed preexisting hazardous condition that existed at the Subject Project. (Id. at ¶ 12.)

The evidence supports the reasonable possibility that Defendant hired SPS, an independent contractor to perform patrol services, and therefore, delegated to SPS responsibility over safety in the performance of such services. The evidence also supports the reasonable possibility that Defendant did not retain control over the means and methods of any of the work of its subcontractors, did not provide any supplies or equipment involved in the accident, and was unaware of any dangerous or concealed preexisting hazardous conditions. Further, there are no facts or evidence showing that any act or omission on the part of Defendant affirmatively contributed to Plaintiff’s injuries.

In opposition, Plaintiff contends that Defendant’s evidence is not “substantial or the best available.” (Opposition, 7:26-27.) However, substantial evidence is not the standard. The standard is whether Defendant possesses evidence that supports a “reasonable possibility” of prevailing. Plaintiff’s evidence merely disputes Defendant’s evidence. The court is not weighing the evidence at this juncture. Based on the evidence submitted, pursuant to Privette v. Superior Court (1995) 5 Cal.4th 689 and Seabright Ins. v. U.S. Airways Inc. (2011) 52 Cal.4th 590, Defendant has demonstrated a reasonable possibility of prevailing.

Alternatively, Plaintiff requests that the court exercise its discretion in waiving the undertaking based on Plaintiff’s indigency.

Where the plaintiff establishes indigency, a trial court has discretion to waive the posting of security under Section 1030. (Bank of America v. Superior Court (1967) 255 Cal.App.2d 575, 578.) The “party seeking relief from the requirement of posting a bond or undertaking has the burden of proof to show entitlement to such relief.” (Williams v. FreedomCard, Inc. (2004) 123 Cal.App.4th 609, 614; see Baltavan v. Estate of Getemyan (2001) 90 Cal.App.4th 1427, 1434 - “the plaintiff should make a prima facie showing that he has unsuccessfully attempted to obtain the required undertaking or that he is unable to furnish it”.) “[T]he court had discretion to deny plaintiff's motion upon the sole ground that while the support for the motion showed plaintiff's present personal inability to make any payment, it did not show her inability to obtain sureties against a future contingency.” (Fuller v. State of California (1969) 1 Cal.App.3d 664, 670-671.)

In exercising its discretion the court shall take into consideration all factors it deems relevant, including but not limited to the nature of the action or proceeding, the nature of the beneficiary, whether public or private, and the potential harm to the beneficiary if the provision for the bond is waived. (Alshafie v. Lallande (2009) 171 Cal.App.4th 421, 429.)

Here, Plaintiff declares: “I have been unable to work and my condition is worsening. I am single and have no children. I rely on family and friends for life's basic necessities, such as food, shelter, transportation and the like. I cannot provide a cashier's check or bank letter of credit for any amount and I do not know anyone who could or would post the undertaking for me. I do not own any real property or other appreciable assets. I have no investments such as stocks or bonds or life insurance policies or retirement accounts. I do not own an automobile. I am not currently earning any money and need medical treatment as my condition continues to worsen.” (Simeta Decl., ¶¶ 4-5.)

Contrary to Defendant’s assertion in its Reply at 1:24-11:2, Plaintiff denies owning any “appreciable assets,” and states that he is single and does not know anyone who could or would post an undertaking on his behalf. The court is satisfied that Defendant is unable to obtain an undertaking.

Accordingly, this court will exercise its discretion in waiving the undertaking. The motion is DENIED.